Applying Without a Will in BC: The Grant of Administration, Explained

What it is: when someone dies without a valid will (intestate), nobody is executor. The court instead appoints an administrator through a grant of administration — the no-will equivalent of probate.

Who can apply (priority under WESA): the spouse first, then children, then other next of kin in order of closeness. Someone lower in priority needs the consent of those ahead of them or a court order.

Key differences from probate:

• The estate is distributed by WESA's intestacy rules, not by anyone's wishes — the spouse takes household furnishings plus a preferential share ($300,000 if all children are shared; $150,000 if any child is from another relationship), and the remainder splits between spouse and children.
• The court is more likely to require a bond (security), especially for out-of-province administrators — see our executor bond guide.
• Notice obligations still apply (P1/P9), and the P10 inventory and probate fee work the same way.

How to actually do it:

1. Confirm no will exists: search the home and papers, order the mandatory wills notice search, and ask their lawyer/notary.
2. Confirm you're the priority applicant (or gather consents).
3. Prepare the administration package (P2 + administration affidavits + P10 + notices) and file at a Supreme Court registry.
4. Administer and distribute strictly per WESA — not by what "everyone agrees feels fair."

Get help: intestacy + family dynamics is where estates go sideways. Find a vetted BC probate professional →

Foxglove is a guide, not a law firm. General information, not legal advice; forms and rules change — confirm current requirements with the Supreme Court of BC, the official BC government forms page, or a qualified BC professional. Find vetted BC help →